Ientaculum Iudicum: OR, A BREAKE-FAST FOR THE BENCH: PREPARED, PRESENTED, and PREACHED in two Sacred Seruices, or Sermons, the Morning Sacrifice before the two Assises: at Thetford, at Norwich: 1619.
Containing monitory Meditations, to execute Iustice and Law-Businesse with a good Conscience.
BY SAMVEL GAREY, Preacher of GODS Word at Win-farthing in Norff.
Sonne of man, eate that thou findest, eate this rowle.
And I tooke the little Booke out of the Angels hand, and eate it vp, and it was in my mouth sweete as honey, but bitter in my belly.
LONDON, Printed by B. A. for Matthew Law, and are to be sold by Edmond Casson at Norwich in the Market-Place, at the Signe of the Bible, 1623.
TO THE RIGHT WORSHIPFVLL SIR THOMAS HOLLAND, KNIGHT, and his very worthy Lady, all happinesse Externall, Internall, Eternall.
THe law of Nature, which condemneth ingratitude, yea, the common Rules of humanitie, which oblige the gratefull to good Benefactors, enforce mee to this Dedication.
I haue reaped with a plentifull hand the goulden haruest of your fauors, in requitall whereof, I tender vnto you the small gleanings of my poore labours: for although I am easily ouercome of others, in parts of nature, learning, and grace; yet, in gratefulnesse to my good friends, I say with resolute Luther, Cedo nulli: I euer abhorred from my heart that fault, wherewith the [Page] Rom. 1.21. Apostle taxeth mankinde, they were not Thankfull.Seneca. Many men like Zeno's mony-minstrell, sing for siluer, or pipe for pence, to whom the Wiseman said, Si dedero, & te, & pecuniam perdo; When their turn is serued, they returne no thankes: I hope I shall neuer merit an exclusion out of the Kalendar, or Catalogue of your thankfull debtors: Saying with Seneca, Epist. 8 3. Nunquā tibi gratiam referre p [...]tero, illud certè non desinam vbique confiteri, me ferre non posse; God accepts votall satisfaction, where is no power of actuall restitution: I know you desire to imitate your Maker; and with him, Solutio debiti est grata confessio Beneficij. But to pretermit all publike and priuate debts of dutie, whereby I stand engaged to your Seruice, these two Twinnes, or sister-Sermons desire to call you Patron; who as they were conceiued, and brought to light by the life of your loue, so they run to you to be their Protector: And to none more willingly doe I commend, and communicate my preaching paines, then to your Worthinesse (so cordially affected to the Gospell), who of all the Tribe of Gentrie in these parts (whereof be many sincerely religious), yet [Page]among the most eminent, (if Enuie be not iudge) you merit the Palme:Pro. 31.29 Many haue done vertuously, but you surmount them all: And as the flower of Religion (Pietie) is fixed in your heart; so the fruits of it, flow from your hand, (Charitie, & Hospitalitie): farre vnlike many wandring Planets in some places, who at Michaelmasse make the Countrie their Circumference, to gather in their Rents; but at Christmasse, when they should expend their store to feede the poore, make the Citie, or their Cosens houses their Center; as great non-residents from the Basket, as some of our coat be from their Benefices: but you with charitableIob. 31.17. Iob may say, I haue not eaten my morsels alone, the fatherlesse haue eaten thereof: Couetousnesse neuer stood for Porter at your Gate.
But I will not blow a trumpet of your vertues, and almes-deedes; theyReu. 14.13. shall follow you to Heauen, whē your body falleth to Earth: and herein you are worthy to be praised, that though you deserue, yet you desire no praise:Seneca. Magnum est, nolle laudari, & esse laudabilem; You haue the loue of the Clergy, Gentry, Country; the fire of this Triple Loue flames in many hearts,Cant. 8.7. Much [Page]water cannot quench this loue, neither can the flouds drowne it; Vereor, ne violem frontem tuam, Sedem verecundiae.
Worthy Sir! Accept in good part this poore oblation of my deepe Affection, then which fauour, when I weigh my worth, I can wish no more; when I remember you, I do hope no lesse. I preached these cursory meditations at your appointment, in the time of your great Imploiments (being the very worthy high Sherife of Norfolke) and then they found good acceptance; and the Lord chief Iustice, the Oracle of the Assises, graced them with approbation, requiring a copy of them for priuate deuotion, which here I publish (perswaded by many) to posteritie: So crauing a fauourable construction, and acceptation of this plaine, and perfunctory labour, with my hearty prayers to God, to make your pathes euery way prosperous, To blesse your Worship, your religious Lady, and hopefull progenie with health, and happinesse on earth, and with a glorified life in Heauen, I euer rest
To the gentle READER.
ANtiquity placed Mercury in their Temples among the Graces, meaning, that as Mercury (the supposed God of Eloquence) and the three graces, the Ladies of Curtesie, were placed together; so Speech is desirous of friendly Eares, and Writers wish Curteous Readers.
When men reade with a minde to carpe, then their throats are so narrow that nothing will downe; this seems too round, or too flat, too blunt, or too sharpe, one way awry. Many who keepe no warmth in their owne Chimney, will finde fault with their Neighbours fire: I say with Martial,
Carpere vel noli nostra, vel ede tua.
What I preached to the Eare, I here present to the Eye, that one way or other it might get to the heart: wherein I feare the fortune of Seiramnes the Persian, who seeing many men wonder that he spake well, but nothing which he spake, euer practised, answered, That words were in his owne power, but Successe aboue his reach: So the Admonitions here propounded, be good, and wholesome, the Successe I referre to God, who must giue increase.
In publishing of which poore paines, I hunt not after worldly praise, or profit, the two Lackies of most mens labours: praise is but a vulgar breath, or ayre, fit to feed a Cameleon, my stomack can brooke no winde: and profit, many times they finde most, who preach or print least:
Hos ego versiculos feci, tulit alter honores:
The Drones which creepe into the Hine, sucke away most of the honey, when the labouring Bees be starued: All I can say for my selfe is, I desire to doe good; Whereof if I [Page]faile, yet my intent shall content my conscience: saying with the Romane Orator,
Malim mihi facultatem, quàm voluntatem deesse.
So crauing thy curteous Acceptance of my good will, ingenuously acknowledging, that frequency in the Seruice of Preaching, depriues me of leisurable times to polish any thing for the Presse, or to make (as once one said) my labours to smell of the Candle: If ought be amisse, impute it to the weakenesse of men: what herein is good, for thy good, giue glory vnto God, and to the word of his Grace, which is able to build thee further, &c. I rest
A BEAKE-FAST FOR THE BENCH.
Be learned ye that are the Iudges of the earth: serue the Lord in feare.
THis PsalmePiscator in l [...]t. is partly propheticall, and partly protrepticall, and paraeneticall.
The Psalmist prophesies of the Kingdome of Christ vnto the tenth verse: and then exhorts & admonisheth all Kings, and Iudges to serue, and honour this high and holy Lord and King, in the three last verses following.
Of the Kingdom of Christ, three things prophesied:
- 1. Of enemies: Why doe the heathen rage? vers. 1.
- 2. Their enterprize: The Kings of the earth band themselues, &c. vers. 2.
- 3. Their ouerthrow followes. specially described, [Page 2]vers. 9. Similitudine dissipationis vasis figlini: Breake them in peeces like a Potters vessell.
The second part of the Psalme paraeneticall, Admonitorie, or exhortatorie to serue Christ, who is here prophetically presigured. I will be no generall Surueior of this Psalme, vpon a little peece of ground I set this Fabricke.
And this Dauid, a princely Prophet, who from a poore Sheepheard raised by God to sit vpon the Kings Bench, here giues a Spirituall Charge to Kings and Iudges: Dauid, the prolocutor, is [...] Let the hearer be, [...]:
A Charge, Quibus? de quibus?
- 1. To Kings, and Iudges.
- 2. Be wise: be learned.
The duty of both conioined: Serae the Lord in feare.
I haue chosen halfe his charge, worke enough for my discourse, and for your practise.
In this Apostrophe, or Compellation, behold Danids Information, and Exhortation:
Information, Be learned.
Exhortation, Serue the Lord in feare.
Here is both Theoricum, & Practicum.
- 1. A Qualification, in quo: Be learned.
- 2. A Caution, circa quod: Serue the Lord in feare.
Three parts, the principall points of all:
- 1. The persons, Iudges; there is dignitas: Their dignitie.
- 2. Their properties, erudimini; Be learned: there is qualitas, their qualitie.
- 3. Their practise, Serue the Lord in feare, there is pietas, their pietie.
Thus this Text, like a small Garden-plot, yeelds plenty of rarities: like toMatth. 26.7. Iohn 12.3. Maries little Box full of sweete ointment, which being opened, the sauor perfumes an whole house: Verba pauca, longum Epiphonema: Few words, yet full of weight: In handling of them, we implore Gods assistance, and your fauourable patience.
1. Of the persons, Iudges: dignitas personae.
Iudges are of Gods owneIudg. 2.16. raising. Their calling, and office venerable: Nomen honorificum apud omnes; an honourable name among all: Their Authoritie not to be controuerted, except God be countermanded.
IudgesActs 13.20. ruled in Israel 450 yeares: and because1 Sam 8.3. Samuels children were bribing Iudges, therefore the people of Israel cried, and called for a6. King to iudge them like other Nations.
For before that time,1 Sam. 7.15.16. Samuel Iudged Israel, and went about yeare by yeare, (as it were in circuite) to Bethel, Gilgal, and Mizpeth, and iudged Israel in all those places.
Moses the first, who chose Iudges by the counsell ofExod. 18.21. Iethro: which practise after continued long in Ierusalem: they had their Gasith, their Court, in the inward Citie, which the Iewes called Sanhedrim, the Greekes Syned [...]ion, the counsell of the Elders.
I purpose to passe by the Antiquitie and Authoritie of Iudges, their properties are markes more proper for our discourse: and these properties specially fiue, required in a iust Iudge.
- 1. Perspicacit as ingenij: deepe vnderstanding.
- 2. Audacitas An [...]mi: boldnesse and courage.
- [Page 4]3. Honestas conscientiae: honesty of Conscience.
- 4. Impartialitas Iustitiae: vprightnesse of Iustice.
- 5. Aequitas sententiae: Equitie of Sentence.
These siue faire properties are better ornaments to adorne Iudges, then Iosephs siueGen. 45.22. suits of rayment to set out Beniamin.
1. Perspicacitas Ingenij: sharpnesse of apprehension: Ignorantia Iudicis est calamitas innocentis (saith Auslen), the Ignorance of a Iudge is the calamitie of the Innocent: and graue Iudicium est eius, qui non habet iudicium, saith Seneca: Grieuous is his iudgement, who hath no iudgement. They must be wise, and learned, and haue the eyes of vnderstanding in their owne heads, not to be guided by others: or like thePlutarch. Lamiae, carry their eyes in a boxe: ratherMatt. 10.16. to be wise as Serpents. A Magistrate should not be like Polyphemus, who had but one eye, and that a had one: to be monoculate rather, like Argus, oculatus à fronte, & à tergo: eyes before and behinde: An office, which requires the prayer of theEphes. 1.18. Apostle, That the eyes of their vnderstanding may be enlightened: So hard a Taske to performe, that the SonEcclus. 7.7. of Syrach counselleth; Seeke not to be made a Iudge or a Magistrate, lest thou be not able to take away iniquitie.
I haue read, that Heraclitus being sicke examined his Phisition, concerning the cause of his sicknesse, and for that he was ignorant of the cause, he would none of his Phisicke, saying; If he be not able to shew me the cause, he is lesse able to take away the cause of my disease: So the Phisition of the politicke Body, If he hath not wisedome, and knowledge, he can neither [Page 5]see, nor take away the causes of the corruption of Common-wealths: but by a man of vnderstanding, a Realme endures long, saithPro. 28.2. Salomen.
They had need of great knowledge and experience, who are appointed Instruments to preserue
- Regem. The King.
- Iagem. The Law.
- Gregem. The Country.
They had neede to be learned, and able to carry the Iethro of Counsell in their owne Bosomes. There are many sores and sicknesses in a Common-wealth: Fraude is subtle:
—mille necendi
Artes: a thousand waies to deceiue:
And as Ouid of Autolicus, that he was
—furtum ingeniosus ad omne:
Witty in all kinde of wickednesse.
The world is full of wicked wits. Magistrates had neede of Serpentine wisedome, toCant. 2.15. take the little Foxes of the world:Ier. 15.19. to separate the pretious from the vilde.
The Aegyptians Embleme was, Oeulus cum Sceptre: an Eie with the Scepter. The Heathens in their Hierogliphicks did decipher Iupiter with an Eie, and an Eagle: insinuating such a nature beseemed his Maiesty, not to be deceiued, or deluded by any Obiect: To be Eagle-eyed, and to be Lion-hearted. Magistrates should be for Wisdome, Eyes; for Instruction, Eares; for Protection, Hands; for Supportation, Legges. LikeIob 29.15, 16. Iob, who was Eyes to the blinde, feete to the lame, hands for the poore, to helpe the fatherlesse and friendlesse. ThePsal. 10 13. poore commit themselues vnto [Page 6]you, for you should be helpers of the fatherlesse.
1 Iohn 5 19. Mundus in maligno positus, the world is set vpon wickednesse: yea (asMic. 7.2. Micah) Euery man hunteth his brother with a net. So that I may say of the subtletie of sinners, as Caesar said of the Scythians, Difficilius inuenire, quàm interficere; Harder to finde them, then to foile them: like the fish Sepia, they can hide themselues in their owne mudde; or like the fish Atramentarius, they will so roare in the water, it is hard to catch them: So that the Magistrates, the Kings-fishers, had neede of great experience, industrie, and wisedome to catch them with the hookes of Iustice, who are so crafty, and slipperie to auoide and escape them. Be learned therefore O yee Iudges of the Earth, and pray to God with1 King. 3.9. Salomon, Giue vnto thy seruant an vnderstanding heart, to iudge this people, to discerne twixt good and badde.
None might come into the number of the Rabbins among the Iewes (as Picus Mirandula writes) vntill they could speake seauen Languages: so none are fit for Magistrates, who are not furnished with good literature, and wisedome: And as you are (asAct. 7.22. Steuen speakes of Moses) learned in all the wisedome of the Aegyptians; so seeke to countenance Learning. It is an old and true saying; Scientia non habet inimicum praeter Ignorantem, Learning hath no enemie but the Ignorant. Tantum sumus, quantum scimus: not liuing, but learning should make a man esteemed. I say of Learning, as our Sauiour of Wisedome,Matt. 11.19. Shee is iustified of her children.
Be not likeTob. 2.11. Tobyes Sparrowes, who built vnder Tobyes roofe, yet were a meanes to put out his eyes: [Page 7]but herein I vse the modesty of theHeb. 6.9. Apostle, Wee haue perswaded our selues better things of you, and such as accompany saluation, though I thus speake. Thus much, or little, of the first propertie Perspicacitas Iugenij, Sharpnesse of wisedome: which I point at, not prosecute: for, Sus Mineruam, I am too shallow to put my foote too deepe in your fountaine.
2. Propertie, Audacitas Animi; boldnesse and conrage.
SoEx. 18.211 Iethro aduiseth Moses, to chuse men of courage, &c. So the Lord creating Iosuah Iudge of Israel,Iosh. 1.6. Confortare, et esto robustus; be strong and of a good courage. A ioyfull sight, when they on the Bench, like the menNab. 2.3. Nabum speakes of, The valiant men are in Scarlet: and as the Angell ofIudg. 6.12. Gedeen, The Lord is with thee thou valiant man.
Multi homines, pauci viri: many men, yet few of courage: likeNeh. 6.11. Nehemiah, Should such a man as Nehemiah flye? Courage an essentiall propertie to adorne a Iudge.
A Iudge should not be [...], nor [...], without heart, or head.
Wee reade in the Fable, when the Hart is made a iudge twixt the Wolfe and Lambe, it must needes go on the Wolfes side: Quis metuit offendere, cum Iudex metuit abscindere? Who feareth to offend, when the Iudge feareth to punish?
Foure waies (saith Anselmus) humane Iudgement is peruerted.
- Timore, by feare.
- Amore, by loue.
- Odio, by hate.
- Lucro. by luker.
But they who be in authoritie, should be free from these corruptions, the foure mortall feauers of this courting Age. Men of courage, yet farre from choller, like the Puisition Hippocrates, of whom it is written; That he was neuer seene to be in choller with any man: who had many Schollers, yet permitted none to praclise till they had taken an oath before the Altar of Apolto, land brcuiate diseases to their vttermost power.
A good president for Phisitions, and a good patterne for Lawyers to abbreniate Sutes to their vttermost power. A long Sute in a Court, like a long sore vnder a Surgeon, it may increase coyne, it decreaseth credit.
In the Iewish Common-wealth, Iudgement SeatsRuth. 4.2. placed in the gates of the Cities, intimating quicke dispatch: Quod sacis, fac cuò. Sutes should not grow aged, and gray-headed in Courts: experience speaks it; Non terminata negotia, donec enacuata Marsupia: The matter in hand, so long as money in hand. An hungry Age for money: Auri sacra fames; an industrious Age in the chase of treasure: many ready to cracke their Lungs to plead for Fees: I confesse a Lawyers life is painfull, riding from terme to terme, from Court to Court, a worke to make a man sweat, and therefore no maruaile, though the Clyent bring a golden bottle to quench the thirst. It is sitting, the Law should be costly, else it would be too common: Malice often giues vp the ghost for lacke ofCuria panperibus clausa est. gold: the world too full of wrangling Clients, and the Lawyer with an Ablatiue case, gets away the money, and throwes them the bagge; and many a contentious Clyent may say to his Aduocate, as Balaams Asse [Page 9]to his Master,Numb 20.30. Am not I thine Asse, which thou hast ridden vpon, since thy first time till this present day. They are ridden with golden spurres: and as Aquinas, in ciuill censures speakes; Damnum pecuniae propter bonum animae; Punishment of the purse may be phisick for the soule: yet a Phisitian, who puts his patient out of paine by a quicke recouery, is worthy of a double reward: sestina lentè, make slow speede is no good practise in Phisicke, or Law.
But I passe these inferior members of the Law, they lie not within the way, or walke of my text, I dare scarce salute them, and except they make better speede, I dare not say,2 Ioh. v. 11. God speede. You who be the Rabbins of the Law, should be men of courage; animosi, luminosi; full of braines, and heart; to feare, or flatter none: Iudex cordatus quasi lat is quadratus; A stoute Iudge, like a foure-cornerd stone; no winde or weather stirre it, likePsal. 125.1. Mount Sion, which cannot be remoued: Qui habet se, habet totum in se, He who is Master of his owne minde, is a sit man for this worke.
They who sit in Moses chaire, should be men of courage, and good Conscience, and alwaies thinke vpon the sentence, which the young man put vnder the pillow of King Darins, 1 Esd. 3.12. Truth ouercommeth all things: and to end this with Syrachs Ecclus 4.9. admonition, Deliuer him who suffers wrong, from the hand of the oppressor, and be not faint-hearted when thou iudgest.
3. Propertie: Henestas conscientiae: Honesty of Conscience.
Now there is a threesold Iudgement: [Page 10]
- Coeli, aboue, in Heauen.
- Saeculi, below, on Earth,
- Conscientiae, within, in thy Conscience.
AndEcclus. 14.2. blessed is he, who is not condernned in his owne conscience: Socrates may be your friend, Plato your friend; but Truth and a good Conscience preferre before all. The Conscience of a Iudge should be as true to God, as Sunne to day; no way to be corrupted by bribery, or any partialitie; able to say with2 Cor. 1.12. Paul: Our glory is the testimonie of our Conscience: and truly to protest with vpright1 Sam. 12.3. Samuel; Behold, here I am, beare record of me, whose Oxe haue I taken? whose Asse haue I taken? of whose hand haue I receiued any bribes, &c. It is a comfort to the soule, when able to beare a part in Dauids song, O Lord, thou knowest my Psal. 7.8. Innocencie.
There is nothing worse (saithEcclus 10.9. Syrach) then a couetous man: for his Conscience will be corrupted with, Omnia haec dabo, Matth 4.9. all these will I giue thee.
Therefore Dauids petition necessary,Ps. 119.36. Incline my heart O Lord vnto thy testimonies, and not vnto Couetousnesse: The 1 Tim. 6.10. desire of money is the roote of all euill: Such a couetous IudgeActs 24.27. Felix, who did grope for a bribe. He who sels Iustice for siluer, sels his Soule to damnation.
It is a clause of a Iudges oath (as I haue heard) when he is promoted to that office, to repeate this diresull imprecation: If I doe not Iustice, God blot me out of the Booke of Life: a fearefull oath, if not faithfully performed: Had they Robes as rich as Salomon, or dominions as large as Alexander, yet if corrupt, they may quake at their doome, to be blotted out of the booke of life: O verbum ipsa gehenna terribilius; [Page 11]Chrysost. A word more terrible then hell it selfe: asWis. 6.1, 3, 4 Wisedome her selfe, Learne ye that be the Iudges of the earth, the Lord will trie your workes, and search out your Imaginations, and for the mightie abides the sorer Triall. ThereforePsal. 57.1. Dauid examines all, Are your minds set vpon Righteousnesse, O yee congregation? and doe yee iudge the thing that is right, O yee sonnes of men? Many make their conscience poore, to make their coffers rich: wee enuie not the grauell which stickes in the throat of the vnconscionable: It is better to be Pauperem pium, quàm prosperum peccatorem, a godly poore man, then an vngodly rich man. A little that the righteous hath, is better then the riches of the vngodly. And saith Dauid, Ps. 37.16. Ill gotten goods neuer prosper: and saith Iob, Iob. 15.31. Fire shall deuoure the houses of Bribes.
I haue read, how the Sophy of Persia, being to send a great summe of money for an oblation to Mahomet in Arabia, would send none of his owne coine, because it was gotten by ill meanes; but exchanged it with Merchants, whose money (he thought) was gotten honestly, and with a good conscience. Doe vnbaptized Idolaters know, that vnconscionable offerings are vnwelcome offerings to their false, and fictitious gods? and shall not Christians much more acknowledge, that the true God of heauen & earth loatheth the seruice & sacrifice of vnconscionable sinners? hePsal. 6.8. cries, Depart from me ye workers of iniquitie. Many withTim. 4.10. Demas stoop for gold, & lose the goale; and What shalit Matt. 16.26 profit a man to win the whole world, & lose his soule?
Quicquid agas, prudenter agas, et respice finem: Remember the end, & you shal neuer do amisse: wealth isGen. 27.39. Esaus portion, the fatnesse of the earth shall be [Page 12]thy dwelling place: But God Gen. 27.28. giue thee of the dew of heauen, is Iacobs blessing: Gods children say ‘—Non est mertale quod opto:’ If God prosper them with wealth, they praise God, and neuer practise to augment their store by a bad conscience: they seeke not to set their nest on high, byHab. 2.11. making the stone to cry out of the wall, and the beame out of the timber to answer it. The Sonne of man, Iudge of quicke and dead, is said toReu. 1.14. haue Eyes as a flame of fire: Eyes to behold sinners, as a flame of fire, to punish for sinne: ‘Testes factorum stare arbitrabere Diuos:Heb. 4.13.’ All things are naked, and open to his eyes: he behold, all deeds of darkenesse: no curtaines can keepe out the light of his eyes:
No cloud, nor night can dazell Gods eyes:Zeph. 1.12: He will search Ierusalem with lights, and visit the men frozen in their dregges, and say in their hearts, the Lord will neither doe good, or cuill: O Lord (saithIer. 5.3. Ieremy) are not thine eyes vpon the truth? It is a poore comfort, laudari ore alieno, et damnari conscientia sua, to haue the crouches, and commendation of the people, and to be condemned in their owne conscience: but a ioy to the soule, if able truly to say withActs 23.1. Paul, Men and brethren, I haue in all good Conscience serued God vntill this day. And as Austen accused by Secundinus, to haue come from the Manichees for hope of preferment, answered; ‘I esteeme not what Secundinus faith or thinks of me, so long as my conscience accuseth me not before God.’ O te miserum! si contemnas hunc testem: [Page 13]Miserable is the man, who contemneth the testimonie of his conscience. Remember S.Iam. 5 9. Iames caueat: Behold, the Iudge stands before the doore: The Reu. 20.12. Iudge before whom all shall stand. And to end this, as theGen. 4.7. Lord to Caine: If thou doe well, shalt thou not be rewarded? But if thou doe ill, sinne lies at the doore; the doore of thy conscience.
4. Propertie: Impartialitas Iustitiae; impartialitie of Iustice.
Iustice is the quintessence of the Law, the essentiall propertie of a Iudge: Tandiu Iudex, quamdiu iustus: So long a Iudge, so long as Iust: Nomen ab aequitate sumitur, per iniquitatem amittitur, saith Cassiodorus; A name giuen from equitie, and lost by iniquitie. The eyes of Iustice (saith Crisippus) are pure eyes, and she hath open eares to heare Truth, without a golden eare-picke: The Heathens did dedicate Iustice to the Sun, which goeth immoueable in his circuite, seeing all, and seene of all: and The iust (saith ourMatth. 13.43. Sauiour) shall shine as the Sunne in the kingdome of their Father. Iustice was borne on sound not halting legges: and earthly Iudges should imitate the Iudge of all,Psal. 119: 137. Iustus es Domine, et recta iudtcia tua: Righteous art thou, O Lord, and iust are thy iudgements: yea, thinke vpon Ieromes meditation; Surgite mortui, venite ad Iudicium, Arise ye dead, and come vnto Iudgement. To rememberPsal. 58.12. Dauids saying, Doubtlesse there is a God, that iudgeth the Earth: a Iudge aboue, to iudge Iudges, and all below: Quid faciet Agnus, vbi aries tremit, Oregor: TheReu. 6.15.16. Kings of the earth, great men, mighty men, rich men, are afraid of the Iudge that sits vpon the Throne. All the Gods (as Homer [Page 14]faines) could not warde a blow of Iupiters hand: If God be angrie with you, I may say to you, as God toGen. 20.3. Abimelech, Thou art but a dead man. Kisse the Sonne, lest hee be angry, &c. as it followes in this Psalme: Iniustice is a sinne, as red as scarlet; like Seianus horse, to breake his Masters necke: Factores legis nonessent fractores; Magistrates for Iustice, should not be ministers of iniustice.
Two Vipers seeke toActs 28.3. leape vpon the hand of Iustice. Bribery: Partialitie.
Let Benchers say to Bribers with Peter, Thy Acts 8.20. money perish with thee. Or as said2 King. 5.26. Eliza to Gehasi, Is this a time to take money? IndeedProu. 19.4. Salomon saith, Wealth makes many friends. And the Greekes haue a Prouerb, Fight with siluer launces, and you cannot faile of victory. The French vse a by-word, Siluer doth all. It was theMich. 3.11. Lords complaint, Ye heads, Iudge for rewards: The Esay 5.7. Lord looked for iudgement, and behold oppression, &c. Esay 10.1: Woe vnto them, who decree wicked decrees, to keepe back the poore from Iudgement.
The Tole-money the Emperour Vespasian raised from his Subiects vrine, gaue occasion to this speech, Bonus odor lucri exre qualibet: The smell of gaine is good from any thing: this corrupt gaine breedes the Apoplexies, and Lethargies of the Bench.
Truth should not be buried in a bagge. To such as sell, or smother Truth, I say withIob 14.17. Iob, Their iniquitie is sealed vp as in a bagge. Buy truth (saithProu. 23.23. Salomon) but sell it not:
[Page 15] 2. Partialitie.
Iudges are the kingdomes Rods, to scourge the great offendors, as well as the small: not like1 Sam. 15. [...]. Saul, to spare Agag, and the fat cattle: Exuit personam Iudicis, qui amici induit He puts off the person of a Iudge, who puts on the person of a friend. A Iudge should not fauour great men, or frowne on poore men: ‘Dat veniam coruis, vexat censura columbas:’ As Iuuenal said of his time:
I haue read in a booke called Paenitentiarius Asin [...], this Fable: That the Wolfe, Fox and Asse came together to shrift to do penance; the Wolfe confessed, & the Fox dismissed: the Fox did likewise, and was absolued: But the Asse confessed, and his fault was this; that being hungry, he tooke one straw out of the sheaf of a poore Pilgrime trauelling to Rome: for it he was seuerely punished, the Wolfe & Fox deuoures him, and make a great matter of it: they comment vpon it thus:
By the Wolfe there, is meant the Pope, by the Foxe his Priests, by the Asse the simple Laitie, who shal pay well for their penance: So where Pilate is Iudge,Mark. 15.15. Barrabas shall be loosed and Christ condemned: This partialitie in Iustices made Solon and Anacharsis compare Lawes, Aranearum telis, to the cob-webs, which catch small flies, when great ones escape: but want of equall Iustice bringeth woes to Cōmō wealths. Demosthenes being asked what preserued Athens so long, and made their Princes so famous, answered, the Citizens delight [Page 16]in peace, the Orators are learned, the Common people fearefull to transgresse Lawes, and the Magistrates delight in doing Iustice. We read that Cambyses flaied vniust Sysamnes for his briberie and partialitie, and of his skin made a cushion for all succeeding Iudges to lean and look on: Let this be the resolution of a Magistrate, Fiat Iustitia, aut ruet coelum: Let Iustice preuaile in the sight of men and Angels.
Take away Iustice, and the world is not [...], but Chaos, not a place of comelinesse, but of confusion. Yet as there is a punishing Iustice, so there is a sparing Mercie: and as our dreadStar-Chamber Speach. Soueraigne saith, no Iustice can be without Mercy: Nimia Iustitia incurrit peccatum: Aug. Extremitie of Iustice iniury: Draco's lawes all bloudy, and therefore barbarous. It is reported of Bias, an old Iudge of Greece, that he neuer condemned any but with teares: Verè amat, qui miserum amat; He loues a man truly, who loues a man in calamitie: It was Claudians counsell to Honorius; miseris misereri, to pitie the distressed: and Mercy did eternize Caesar; of whom the Poet:
Mitigat Iudicem pudor, et paenitentia reorum: Ambr. Let the sorrowes of sinners, where is hope of amendment, mitigate the rigour of Iustice. Seueritas quasi saeua veritas: Seueritie hath too sharpe an edge, and is too quicke a Surgeon: Deus praecipit charitatem, diabolus crudelitatem; God commands Charitie, the diuell commends crueltie: Austens counsell excellent, Sic vi [Page 17]gilet tolerantia, vt non dormiat disciplina; Let Mercy so wake, that Iustice may not sleepe. In one word, Diligite homines, interficite errores; Loue the men, but punish their misdemeanours: so shall you rightly imitate the Iudge of all, who hathIer. 9.24.1 Mercy for the penitent,Esay 41.2. Iustice for the obstinate and disobedient.
5: Propertie: Aequitas Sententiae; Equitie of Sentence.
TheIohn 7.51. Law iudges no man before it heare him, and know what he hath done, said Nichodemus. Iudicis non est, sine accusatore damnare: Ambr. It is not the part of a Iudge to condemne without an accuser: as Christ said to that Adulteresse;Iohn 8.10. Woman, where are thy accusers? Equall Sentence must haue sufficient Testimonie, and be agreeable to the merits of the cause and crime. It is the Lords Commandement,Leuit. 19.15. Ye shall not doe vniustly in iudgement.
The Thebans painted the pictures of Iudges blind, not to see friends, or malice foes: and without hands, not to feele bribes. Indeed theAmos 6.12. Lord complaines, They oppresse the poore in the gate from their right. I haue read, that Archbishop Baldwin boasted, that he neuer did eate flesh at any time, to whom a poore widdow replied, yes (saith she) you haue eate vp my flesh; being demanded how, she answers, by taking away her Cow contrary to all equitie and Iustice.Psal. 53.4. Doe not the workers of iniquitie know, that they eate vp my people like bread: Therfore the Lord often proclaims by his Prophets this Commandement to great men, & Iudges,Esay 1.17. Seeke Iudgement, relieue the oppressed, cōfort the fatherlesse, & defend the widowes. Their Motto may be that which was Hadrians symbol, Non mihi, sed populo: Not [Page 18]borne for themselues, but others. To end this with the Lords Counsell to the king Zedechiah Ier. 22.3. Execute Iudgement, and righteousnesse, deburr the oppressed from the hand of the oppressour, vex not the stranger, the fatherlesse nor widow, doe no violeuce, nor shed innocent bloud.
Thus I haue a little touched the office and dutie of the Iudges of the earth, their peculiar properties; wherein I may be said to me, as1 King. 10.7. Sheba to Salomon: Lo, the one halfe thou hast not told vs. I confesse I haue no skill in the politickes, I only doe remember the Ethicks, to shew what is good, and what the Lord doth require of you; Surely to doe iustly, to loue mercy, to humble your selues, to walke with God: as the Lord byMich. 6.8. Micah.
And now asSam. 2.23. Ioabs men, who did follow the chase vpon Abners hoast, when they came to the place, where Asail lay dead, there made a stand in wonder and pitie; thinking how so braue a man came to so bloudy a death: So here I will make a little pause, and stand and ouer-looke a while these fore-named properties of faithfull Iudges, and worthy Magistrates. To be wise, learned, men of good courage, of good conscience, vnpartiall in Iustice, and vpright in Sentence: These ornaments ennoble Iudges, more then their Robes, wherewith a lorned; or their troupes, wherewith attended: And these properties (Right Honourable) are your ornaments, who may say of them, as Cornelia did (to a certaine woman of Campania, boasting of her brauery) of her sons the Gracchi; Et haec sunt ornamenta mea, these Sonnes are my ornaments: So you are wise, learned, of courage, of good conscience, vpright, and equall in Iustice. These things [Page 19]afford our Countrie comfort, that now you come with Alexanders sword to cut a sunder the knot of sin, and sinners, which swarme in euery place: It were enuious, yea infinite to arraigne the seuerall sinnes of this Age: Let me name but three wormes, which gnaw the belly and bowels of the Common-wealth: The Slow-worme, the Glow-worme, and the Wild-worme: wormes worthy to be crushed with the sword of Iustice.
The Slow-worme, Drunkennesse, Idlenesse; swift to the Alchouse, but slow from it: they runne to it, but reele from it: Multa pocula, multi morbi; Many cups breed many corruptions. These drunken drones dote on the twoPro. 30.15. daughters of the horse-leach, which sucke out all their thrift; the Flemish hop, the Indian weede. These Alehouses, which nourish them, begin like Hydras heads to multiply; and there these Maltwormes make their nest, saying of the Taphouse, as Peter ofMatt. 17.4. Tabor, Bonum est esse hic: It is good for vs to be here: Vbi nec deus, nec daemon; Where they thinke both God and the deuill are a sleepe. Thus they wast their daies, their health, their wealth, abuse the creatures, profane Gods name: Loue the Tauerne better then the Tabernacle. It were to be wished, these common Drunkards might stand forth at the barre, and be punished as the Samians did their captiues, brand them with the figure of an Oule, ashamed of the light who liue out their daies in louing the workes of darknesse.
The Glow-worme, Cozenage, Cheating; the shops of Cities full of these Glow-wormes: and yet there is another Glow-worme; Popery is a Glow-worme, and [Page 18] [...] [Page 19] [...] [Page 20]can cozen the Law, and come with their Statute-legs once a moneth to the Church; Lunae vituli, Moone-Calues, whose religion is mutable like the Moone; caried like theActs 3.2. Creeple to the Temple, vpon the crutches of Law or custome: or come a little before the Assises, more for feare of Law, then loue to God. Let such remember Austens counsell; Quando timore, non amore fit bonum, nondum benè fit bonum: Where for feare and not for loue, they doe good, their good is not well done: Of these kinde of Popish Glowwormes, I may say, as Lactantius of the Pagan gods, Nascuntur quotidie, a daily breed of them: These non serendi, veriùs feriendi; not sufferable, lukewarme parasites to God and man; and since the Gospell cannot make them blush, the Law should make them bleede: Haeretici corrigendi, ne pereant; reprimendi, ne perimant: Punish them lest they perish, and correct them lest they corrupt others.
Moses and Aaron, the Magistrates and Ministers of God, like theGer. 3.24. Cherubins, set to keepe the way to the forbidden Tree: they should waue the blade of the shaken sword, the one the sword of Iustice to correct the carcase; the other the sword of the Spirit to conuert the conscience. It was the royall speech of our gratiousStar. Chamber Speach. Soueraigne, saying, My heart is grieued, when I heare Recusants increase: Ecce gladius Domini, et Gedeonis nostri: Behold the sword of the Lord, and of ourIudg. 7.14. Gedeon, and these able to make them decrease: and herein
First, and before all draw forth your sword in defence of Gods Word, let this be your primum Agite, [Page 21]as it should be euery mans primum quaerite.
A godly Magistrate is custos vtriusque Tabulae, an happy instrument for the glory of God, and good of men; to punish all contemners of Gods worship, and Anti-Sabbatarians, who haue no care to serue the Lord in feare; and to vse the words of the Psalmist,Psal 45.3, 4. Gird thy Sword vpon thy thigh, O most mightie, ride on, because of the word of truth, of meekenesse, of righteousnesse, and thy right hand shall teach thee terrible things.
I would not be thought too bitter, I speake in generall, I accuse none in particular: withActs 28.19. Paul, I accuse not my Nation: Yet hony was noLeuit. 2.11. offering for gods Sacrifice, neither must the sweet waxe of Bees burne within the Tabernacle of the Temple: Wholsome Admonitions likeIohn 10.10. Iohns booke, Sweete in mouth, and bitter in belly: and the Lord commands,Esay 58.1. clama, Cry aloud, and spare not, to tell Iacob their offences, and the people of Israel their sinnes.
The Wilde-worme, Contention, the cares of Magistrates too often verberated with her querulous noises.
Oppression is a Wild-worme, and stings to death, Specially if the worme be great. This Sinne, Oppression, like1 Sam. 15.14. Sauls fatlings, bleates in the eares of Samuel, and cryes, Quousque Reu. 6.10. Domine? how long Lord? Auenge our cause against these Oppressors.
Faction is a Wild-worme, furious, and fierce in profession. Saint Cyprian doth report of Nouatus, a seditious and pernitious Wild-worme, that he would not allow his owne Father bread, being aliue; or bury him, being dead: because he would not consent vnto him in his hereticall opinions.
Iesuites, Brownists, Anabaptists, Arminians, Separatists, all Wild-wormes.
What should I name any more of these Babylonian brats, I say with the Psalmist,Psal. 137.9. Blessed is he, who takes them, and dasheth them against the stones: The song of the Angels, is the summe of all your labours, and of our desires,Luke 2.14. Glory be to God on high, peace on earth, and good will among men.
Last part followeth:
Pietas: Serue the Lord in feare. The principall point of all, and dutie of all.
But the publike Assaires of this Time,Qui quid praecipies, este breuis. and your great Imployments command celeritie. I will top this Sheafe, I may not stand to thresh it out.
And to begin with the Chorus which the Psalmist produceth,Psal. 148.11. Kings of the earth, and all people, Princes, and all Iudges of the World, Serue the Lord in feare; For Psal. 110.10. the feare of the Lord is the beginning of Wisedome: Deo date prima, qui vobis dedit omnia; Giue God the first of all, who hath giuen you all:Rom. 13.7. Feare to whom, feare belongeth: For blessed is the man, who feareth the Lord. Not so much your bloud, your wealth, your farre-setcht line of pedigree, as your Christianitie, pietie, and seruice of the Lord, makes you great, and noble.
They 1 Sam. 2.30 who honour mee, I will honour them, saith God. It is God (saith Iob Iob 12.8.) who puts on the Kings girdle, that fasteneth honour about him.
The Ecclus 10.10 honourable Seede are they, who serue the Lord.
They who are great in place, and in Authoritie in the Common-wealth, should Serue the Lord in feare, their good examples will moue inferiour members to doe the like: as the Pharisies told the Officers,Iohn 7.48. Num quis ex principibus? Do any of the Rulers beleeue in Christ? Great men, like the maior proposition in a syllogisme; vulgar people like the conclusion, they follow the premisses of great mens presidents: their neglect in the seruice of God is exemplarie, and like plaguesores infects the standers by, and lookers on: According to their good or bad example, ‘—Totus componitur orbis.’ Popularitie much moued by the planetorie motions of the highest Spheres. A great man whose life and light is good, et carbo, et lampas est; sibi ardet, et alijs lucet: Like as a coale, and lampe, warmes himselfe, and enlightens all: And on the other side, the wicked are great, and greedy imitators of the follies of Superiours, ‘—Tutum peccare Authoribus illis.’ Safe sinning with their Superiours: and being reproued, they will reply, nihil feci, nisi quod fecére principes: I did nothing, but that which I saw my betters doe.
I may say of great men, if corrupt,Sedes p [...]ma, sed [...]. as one of Dice-players, Quantò peritior, tantò nequier, the more learned, the more leaud: the greater, the worser.
Diogenes, when he saw a boy play the part of a Rakell, went and beat the Master, saying, Talia doces, siccinè instruis? teachest thou such things? Nothing [Page 24]sooner blind men, then bad examples of great men. Indeed it is a great weaknesse to be directed by corrupt presidents: It was good counsell of one to the Emperour Domitian, who perceiuing most of his predecessors to be hated, was very desirous to learne what he might doe to be beloued: to whom one answered, Tu fac contra; Doe contrary to them. So should we doe contrary to them, be they high, or low, who doe forget their seruice to God: Better to follow the vertues of poore men, then the vices of great men.
Well, Magistrates make other mens sinnes their owne, and that 4. waies:
- 1. Connivendo: by Conniuence.
- 2. Consentiendo: by Consent.
- 3. Consulendo: by Counsell.
- 4. Non corrigendo: by not Correcting.
Let not the Leprosie of others cleaue to you, who beare the sword: conuince them, by your exemplarie pietie; correct them by your legall authoritie.
It is the saying ofEcclus. 10.3. Syrach, as the Iudge of the people is himselfe, so are his Officers; and what maber of man the Ruler of the Citie is, such are they who dwell therein: Confessor papa, confessor populus: Good orders among inferiors, where good example among Superiors: None too good to serue the Lord in feare, be they as high as Salomon in his Throne, or as poore as Samson in the Mill.
Pharo in his prophane pompe and pride, cries;Exod 5.2. Quis est dominus? Who is the Lord, that he should know him, or feare him? but his fall may teach all: [Page 25]
Let none forget their originall this Lord who must be serued in feare, framed all of dust, and shall bring all to dust:Iob 1.21: Naked they came, naked they shall returne; Authoritie shall faile, when piety shall follow to the Gate of Heauen: ‘Miseranda obliuio originis non meminisse:’ They neuer rightly knew themselues, what they are, who forget what they haue beene, or shall be. It wasGen. 32.1 [...]. Iacobs acknowledgement of Gods mercy to him, With my staffe I passed ouer this Iordan, and now I haue gotten two bands. So if blind Ingratitude would suffer many proud eyes to see it, or tongues to speake it; they had cause night and day to serue the Lord in feare, whom he by his fauour hath highly aduanced, and requires of them the dutifull tribute of humble seruice, and holy obedience. Remember theEsay 51.1. Prophets speech; Looke vnto the rock whence ye are hewen, and to the hole of the pit, whence ye are digged; and then with hearty vowes of thankfulnesse glorifie this Lord, and serue him in feare. They whom the bountifull Lord hath laden with earthly riches and honors, let them be like the full eares of corne, hang downe their heads in true humilitie to the earth, from whence they came; or if their stalke be so stiffe, that it beares aboue the rest of the ridge, let them then looke vp to heauen to render vp holy and humble thankes, or else the Lord will soone bring the Luk. 1.52, 53 mighty from their seat, and send the rich empty away. To whom God hath [Page 26]giuen much, he expecteth much: the greater Tallent must render the greater Tribute. When one bragged to wise Lacon, of the multitude of his great ship, and Sea-furniture; the Wise man answered, I esteeme not this selicitie, which hanges vpon ropes and cables: So at last your piety and seruice of the Lord, not your plenty, and prosperity, which is transitorie, shall stand you in steede. These make of mans sacrifice smels neuer the sweeter before God, because they are cloathed in silke; or because like the birds of Paradise, they are adorned with plumes, and fine feathers. God lookes not on the gay and painted outside, in which he beholds man [...]. lighter then vanitie: the inside he regards, he lookes on your obedience, requires your seruice, loues your thankfulnesse, respects your holinesse; and therefore I say with Saint2 Cor. 7.1. Paul, Grow vp into all full holinesse in this feare of God. Remember the Generall Assises of all, whenReu. 20.12. Great and small shall stand before God, and receiue their reward according to their workes. They who serue the Lord in feare, shall finde an happy venite, Come ye blessed: they who doe not, shall heare a most dismall discedite, Depart ye cursed: and well, if no more woe? Faine would the condemned sinners flye away: ‘Heu fuge peccator, teque his (ait) eripe slammis:’ They wish the wings of swiftest birds to flie from the fury of these fierce flames; all in vaine: they call and cry to theReu. 6.15. Mountaines and Rockes, cadite super nos montes, & Petrae; Fall vpon vs ye rockes and mountaines: Gladly would they be pressed to death with the ponderous weight of mountaines, desirous [Page 27]to haue the Rockes for their pillowes, and Mountaines for their couerlets, to hide them from the presence of the Iudge of quicke and dead. Oh desperate voice of deepe miserie, to wish to be hid from Christs presence; which to Gods elect, is as a refreshing Paradise; to the Reprobates, is as hot as hell, as terrible as the second death endured with the deuill, and his Angels. I may say with Anselmus, Heu miser peccator, sic deprehensus, quo sugies? Latere impossibile, apparere intolerabile: Wofull sinner, who can rescue thee? impossible to escape, intolerable to appeare. The Glorious Iudge will say, Ito lictor, ligato manus; Goe Satan, Iaylor, to infernall soules, binde them hand and foot, cast them into darknesse, where the Esay 66.24. worme neuer dies, and the fire neuer goes out: The worme of conscience alwaies gnawes the heart, yet neuer gnawes the strings asunder: fire euerlasting; Semper punire, nunquam finire, No hope of ease, or end:
Their comfort is, to expect no comfort: after many millions of yeares, still remaine millions more: eternitie of torment breakes the heart of all.
Thinke vpon this all ye, who forget God: fire, Psal. 11.6. and brimstone, storme and tempest, this shall bee your portion to drinke. Too many are ready to serue Satan, who yet is (as Paracelsus tearmes him), a base and beggarly spirit, his wages damnation: but few are forward to serue the Lord in feare, who is the best Master, his reward is Saluation:
The cry of the damned, at the iudgement day, will be like the wish of the Roman Valerius, who when Caligula that monster was killed, and it could not be found out, who had done it; Noble Valerius rose vp, and said, Vtinam ego, would to God I had killed that monster: so all will say at last, if not too late, Vtinam ego, Would to God, when time did serue, I had serued the Lord in feare; would to God, I had killed those monstrous sinnes, wherewith on earth, I was enamored; and now like Pharos Ex. 14.23, 25. Chariot, they haue drawne their master into the bottomlesse Sea of destruction. Sinne, and Satan are like Actaeons hounds, they deuoure their masters who feede and follow them.
Fooles make a mocke of sinne, saithProu. 14.9. Salomon: Cum illis ludunt, quae laedunt: They dally with their owne vexation, like Waspes about a Gally-pot, for one lick of honey drowned for euer. Let vs take pitty vpon our owne Soules, and not lose them in the errors of our liues: NowEsay 55.6. seeke the Lord, while hee may be found: Serue him in feare; So runne that we may obtaine: put holyMatth. 25.10 oyle in our Lampes, that when the Bridegroome comes, wee may enter into the mansion of eternall glory.
Remember1 Pet. 1.17. Saint Peters precept, If ye call God Father, who without respect of persons, iudgeth euery man according to his workes, See that you passe the time of your dwelling here in feare.
To winde vp all in one word: Principatum, quem geritis, ornate: Pythagoras principle to princes: [Page 29]
Neuer cease your best endeuours to serue the Lord infeare: thinke it not enough Quaerere Coelum, sed acquirere; non Christum sequi, sed consequi: Luke 11.9. Seeke till you finde, and knocke till Heauen gate be opened vnto you: Neuer forbeare, or giue ouer your search and seruice of God, vntill you come vnto, Summum ad quod, caput bonae spei: The head and Hauen of all good hope, ‘—Quo mihi cursus erit:’
Where I desire to land my selfe, and all the Brethren at this most happy Hauen; That when the King of Kings shall come and call vs all before his Throne, we may receiue that most heauenly Euge, Luke 19.17. Well done good seruant, you haue beene faithfull in a little; Matt. 25.23. Goe and enter into your masters Ioy.
The Lord for his infinite mercy sake, grant to vs all this Grace, that with soule and body we may serue the Lord in feare, call for mercy, pray for repentance, practice better obedience, that so by true faith in the merits of CHRIST IESVS, wee may finde forgiuenesse of all our sinnes, and neuer be condemned for them at the great day of Iudgement to come.
That we may liue in Gods feare, and die in his fauour, rest in peace, rise in power, and raigne in eternall glory: To which blessed selicity he vouchsafe to bring vs, who with his pretious bloud [Page 30]bought vs, IESVS CHRIST the righteous. To whom with the Father, and the holy Ghost, be ascribed of vs all, all praise, power, and maiestie, now, and for euer.
Amen.